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  • cca request

    HI Ive received the Credit card agreement from I requeted from the Halifax and they have said its enforceable is there anyway I can check this TIA x
    Tags: None

  • #2
    Re: cca request

    Of course they have said its enforceable- they always do

    When was the account opened? This is important because post 2007 almost any old crap will suffice with regard to the agreement but it takes more than a compliant agreement to win in court

    maybe a few details would help
    When was it taken out
    has the account been defaulted - if so when
    Who is collecting the account if it has been defaulted
    Has the account been sold to a debt purchaser
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

    Comment


    • #3
      Re: cca request

      Hi thanks for the reply
      It was a credit card with Halifax
      taken out 13/10/10/2005
      Defaulted 17/01/14
      Moorcroft is collecting on their behald

      Comment


      • #4
        Re: cca request

        In their letter they have said
        By providing you with the documents attatched to this letter we have satisfied our obligationto provide a copy of the executed agreement under section78. As such the agreement with us is fully enforceable and we shall continue to treat it as shuch. We will not be entering into any further correspondence with you regarding the rquirements rlationto the provision of the copy agreement.

        The agreement is a reconstructed one has no date on or any credit limit it states we will decide your credit limit and tell you what it is. Also the statement of account shows
        1 the balance of the account is xxxx
        2 the arrears on th account are xxxx
        the amount currently payable by you to reach us by 11/05/17 is xxxx being the full amount outstanding as the agreement has been terminated and the full balance is now payable.
        This is 1000.00 more than I actually owe ????

        thanks

        Comment


        • #5
          Re: cca request

          Collecting on behalf of whom?

          How much (approx) is the alleged debt?

          It is a 2005 agreement.
          They may have a few more hoops to jump through yet!
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: cca request

            Moorcroft are collecting on behalf of Halifax. My current statement from Moorcroft is 10581.26 but the cca request has 11657.24.??

            Comment


            • #7
              Re: cca request

              The first point I'd make is that this may well be out of Small Claims Track territory, possibly landing in Fast Track.
              If so there may be significant costs consequences.
              It would be remiss of me if I didn't suggest that you seek professional legal guidance, perhaps even representation if necessary.

              That said, you should familiarise yourself with CCA s78 in conjunction with s127.3 of the Act (as originally enacted)
              Carey v HSBC (2009) will also give you some insight.
              [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] for further opinion?
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: cca request

                Hi
                Have you actually had a claim issued? Hopefully not but as Charitynjw said, if you have this will likely not be a small claim

                I have also had letters in the past that give different balances

                What they should have sent you for the CCA request was
                A copy or reconstituted copy of the agreement along with any terms and conditions at that time
                A set of terms and conditions in place when the account was defaulted
                A statement of account

                They have sent the statement of account although if this is not the actual balance , some judges may agree they have not complied with the statement of account but would possibly give them time to rectify it.

                Can you remember how you you signed the agreement, was it online or did you actually sign something?

                Are you still paying or have you stopped?
                Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                I have no formal legal training
                Any advice is offered without liability
                If in doubt take professional legal advice or contact the CAB

                Comment


                • #9
                  Re: cca request

                  Thanks for that way above my pay grade though lol

                  - - - Updated - - -

                  I cant rmember how I took it out Im sure I did a balance transfer though and had PPI (already claimed this). Yes I am still making payments Im in a self manage DMP with them. I was just hoping if it was unenforceable it could give me some scope to negotiate a full and final settlement later down the line.
                  Last edited by weakmoments; 19th May 2017, 18:38:PM. Reason: missed bit out

                  Comment


                  • #10
                    Re: cca request

                    Originally posted by weakmoments View Post
                    Thanks for that way above my pay grade though lol
                    I know it sounds complicated but really isn't that difficult when you have seen a few and boy have I seen a few (about 20 of my own gulp)

                    Does what they sent you have your signature on it or do they say that it was an online application
                    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                    I have no formal legal training
                    Any advice is offered without liability
                    If in doubt take professional legal advice or contact the CAB

                    Comment


                    • #11
                      Re: cca request

                      If and it really is up to you, you want to post up what was sent, someone- not necessarily me, may be able to point out if anything is wrong. If you do post up, blank out any names addresses bar codes etc so you can not be identified

                      The agreement is only one step they need in making an agreement enforceable. Do you have any other documents such as the Default notice, notice of termination or anything.

                      Your best hope is that at some point they sell it on to a third party.

                      Who is dealing with your DMP? It may be that they are not passing your payments on straight away to Moorcrap or HBOS. I think some still only pay a percentage with the hope of building up a war chest to make a full and final settlement
                      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                      I have no formal legal training
                      Any advice is offered without liability
                      If in doubt take professional legal advice or contact the CAB

                      Comment


                      • #12
                        Re: cca request

                        oooh you must be an expert.
                        Its a reconstructed copy and does not have a signiture or a tick in the box.

                        Comment


                        • #13
                          Re: cca request

                          I will try and put it on may take a while as Im technically challenged. Im mangaging my DMP myself and the balance they have put on the cca request seems to be when they transferred the debt to Moorcroft in 2014.

                          Comment


                          • #14
                            Re: cca request

                            I have looked through my paperwork and I have a default notice from Halifax 16/01/14.

                            Comment


                            • #15
                              Re: cca request

                              That's useful to know, keep it safe
                              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                              I have no formal legal training
                              Any advice is offered without liability
                              If in doubt take professional legal advice or contact the CAB

                              Comment

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